Ouko v Republic (Criminal Application E062 of 2025) [2026] KEHC 4297 (KLR) (4 March 2026) (Ruling) Neutral citation: [2026] KEHC 4297 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY CRIMINAL APPLICATION E062 OF 2025 PJO OTIENO, J MARCH 4, 2026 BETWEEN PAUL OUKO ............................................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The record herein is clear that the applicant was arrested on the 16/6/2019 and arraigned in court on the next day. 2. There is no record that he was ever released on bond pending trial without record of release, the court is satisfied that he remained in remand custody throughout pending trial. 3. Further perusal of the record reveal that on the date he was sentenced 20/4/2020, the court did not comment on the commencement date, thus subject the sentence to commence on the date it was imposed which run affront. Section 333(2) Criminal Procedure Code and denies the applicant his right to the least of the severe punishment prescribed. 4. For the failure of the trial court, its sentence is revised and directed to be computed from the 16/6/2019, the day he was arrested and committed to custody. 5. It is so ordered. 6. Let the court file be closed. DATED, SIGNED AND DELIVERED THIS 4TH DAY OF MARCH, 2026 PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4297/eng@2026-03-04 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.